Showing posts with label harassment. Show all posts
Showing posts with label harassment. Show all posts

Bill Azua harasses people walking through Beach Flats

Officer: Wm. Azua
Charge: harassment, unlawful detainment, racism, threats
Date: May 2004
Location: 900 block of 3rd St. Santa Cruz ( Beach Hill neighborhood)

Victim's testimonial:
Even though this happened long ago, it still bothers me to this day:

A friend (another white male in his 40's) and myself had walked from the Seabright area, across the trestle at the Boardwalk and through the Beach Flats neighborhood up to 3rd street, where we were stopped by Ofc. Azua and a female officer in training. After asking us if  we "scored" while we were in the flats, to which I replied "No, we weren't looking for women or dope."  Ofc. Azua asked us for our IDs and ran us for warrants.

I asked Azua what his probable cause was to detain us and he stated "Because you were walking through the flats." After seeing mine and my companion's ID's, he went on to ask us several questions about why we were in the flats when we lived nowhere nearby. I replied that we had walked from downtown over to Seabright to visit someone, and were returning.

Ofc. Azua advised us that we were the "wrong color" to be walking through the flats and if he saw either one of us in the flats again he would be happy to stop us and arrest us for "spitting on the sidewalk or jaywalking" or anything else he could "dream up."

I advised him that we were both natural born citizens of the United States and the city of Santa Cruz and that telling us that we could not  have free movement around these environs was unconstitutional and illegal in this case [it is as if] marshal law had been in force.

Ofc. Azua advised us that he was the marshal law and he was not afraid to use force if his law was violated.
Filed by:  D. Jackson (contact available)
Posted on Wednesday, September 28, 2011 0 comments
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Santa Cruz Motorcycle Riders Claim Police Harassment

Officer: Unknown
Charge: harrassment
Date: April 15th, 2011
Location: Santa Cruz

From KOIN:
Motorcycle riders in Santa Cruz County claim police are harassing and accosting them for no reason. "We were on an Easter basket run," says Lyle Fleming. "Unless it's illegal to give baskets of goodies to children to take a ride on a Sunday afternoon. I can't see anything that was illegal at all."

Fleming is from the Monterey Bay Federation of Motorcycle Clubs. Now, he's speaking out against what he calls discrimination from police. He said, last Sunday, deputies from the Santa Cruz Gang Task Force targeted them.

"They looking for arbitrary reasons to harass motorcyclists," says Fleming. "We aren't really clear why. We are not gangs, we are motorcycle clubs."

But, the Santa Cruz County Gang Task Force said they had high presence after receiving complaints from the public. They also say it was a Hells Angels advertised event and they were just doing their job to keep the public safe.

"The people who were pulled over or had any enforcement action were those that had flagrant violations in front of officers," says Commander Mario Sulay.

Sulay said they gave out 16 citations and arrested four people. Three of those arrests were weapon-related.

"No one was pulled over for riding a motorcycle," says Sulay.

Fleming disagrees and said it's not against the law to associate with the Hell's Angels and he doesn't want to be classified as a criminal.

"It seems that the cops have an attitude toward motorcyclists," says Fleming. "They would like us to all be gangs. They try to lump us into the category of street gangs. Unfortunately we are not street gangs."

Police frequently report to the press arrests for "weapons-related charges." Though the charge would seem to imply that criminals are packing concealed semi-automatic weapons, these "weapons" often turn out to be legal pocketknives or even leathermen tools.

References:
Posted on Friday, April 15, 2011 0 comments
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Violent Arrests at Farmers Market Protest

Officer: Albert, Bruce Cline, Mike Huynh, and Michael Harms
Charge: excessive force, harassment
Date: September 17th, 2008
Location: Farmer's Market Corner of Cardiff and Cedar, Santa Cruz


On September 17th, 2008, two protesters were arrested at the scene of the farmer's market drum circle, a cook for Food Not Bombs and Wes Modes, a drummer with the Santa Cruz Trash Orchestra. Both Mr. Rusk and Mr. Modes took part in a protest at Santa Cruz Parking Lot 4 in support of the drum circle at the Wednesday Farmer’s Market, and to oppose the fences erected by the city to preclude the drummers from their traditional spot around the trees in the parking lot near the farmer's market.

This was the second week of protests in this most recent attempt to evict the drum circle and Food Not Bombs. (The police had tried in January of that same year to evict the drummers but thanks to community support and protest, the drummers prevailed.) During that previous week of September 10th, Santa Cruz police Sergeant Michael Harms harassed protesters and drummers, photographing individuals and citing for minor violations. While no one was detained or arrested, Mr. Modes was served with five infractions, including destruction of city property, disturbing plants or grass, and trespassing in a city parking lot in a complaint sworn out by the City Attorney John Barrisone. This complaint was waiting for Mr. Modes when he was arrested the next week.


At the protest on September 17th, Mr. Modes again participated as a musician in Trash Orchestra, playing his blue drum. At this demonstration, Santa Cruz police Officer Albert arrested Mr. Rusk on suspicion that he removed some of the fences. Santa Cruz Police Seargent Michael Harms used pain compliance holds on Mr. Rusk. Drummers and community members rallied in support of Mr. Rusk, protesting his arrest loudly. Sergeant Harms ordered SCPD Officers Albert, Bruce Cline, and Mike Huynh to target Mr. Modes, tackling him to the ground.  Officer Cline clubbed Mr. Modes with his baton on the leg. Mr. Rusk was taken to County Jail while Mr. Modes was taken to the hospital for sutures from the baton blow and then later to County Jail.


The case took fifteen months of court, more than a dozen court appearances, three major motions, four rejected plea deals, two district attorneys, untold reams of paper, and nearly a thousand hours of defense work. In the end, Mr. Modes and Mr. Rusk took a plea deal to get on with their lives.

The series of motions, denials and plea offers finally ended on Dec. 4, 2009. "We did nothing wrong. But we eventually felt fighting the case would dominate our whole lives," says Modes who, along with Rusk, finally took a plea deal of "resisting arrest" for a suspended sentence and mandatory community service. "Defending yourself in court costs time and money, and most people just don't have enough."


When police assault and batter someone, it is standard procedure for the police and the DA to charge the victim with "battery on an officer" and "resisting arrest" to justify the excessive force.

References:
Posted on Wednesday, September 17, 2008 0 comments
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Homophobic Police Assault In Santa Cruz

Officer: SCPD Officer Dan Brierley
Charge: excessive force, harassment
Date: April 25, 2006
Location: Pacific Ave & Church, Santa Cruz


Eyewitness account of the assault and false arrest carried out against Shane (Tammy) Maxfield by Santa Cruz Police Officer Dan Brierley:

"I am a witness in the case of Shane (Tammy) Maxfield, case #065-04163. Shane was handcuffed and forced to sit down against the chainlink fence on Pacific Ave/Church for [obstructing] traffic. He was actually helping a friend and another witness, David Bliss jump David's battery to move his van out of the handicapped space.

The officer [later identified as SCPD Officer Dan Brierley] refused to give me his name and badge number. I begged him twice not to arrest Shane as he is severely ill with AIDS and has just started a dibilitating HIV cocktail of Trevada and Sustiva. He laughed at me and said "That's not gonna happen." I told him Shane might die of stress in jail and he guffawed and shrugged me off.

It was apparent the officer realized he hadn't charged Shane with anything yet as he pulled Shane up by his coat, slammed him against the fence and forced the top of Shane's head to barely touch him. He said: "Now I've got you for battery." This was in full public view of at least 40 witnesses at 1 PM on April 25,2006. Before the sergeant could take stories from witnesses Shane was put in the police car and taken to jail. His arraignment is May 15, 2006. The jail personnel were sympathetic and thought the whole incident ridiculous"

References:
Posted on Tuesday, April 25, 2006 0 comments
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